Abdul Rasheed vs Eramala Grama Panchayat
2022 Latest Caselaw 8192 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                         PRESENT
         THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
   FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944
                 WP(C) NO. 37208 OF 2015
PETITIONER:

         ABDUL RASHEED
         AGED 47 YEARS
         S/O. MOIDU, CHENANDI HOUSE,
         KARTHIKAPPALLY P.O., KARTHIKAPPALLY DESOM,
         ERAMALA PANCHAYAT,
         ERAMALA VILLAGE, KOZHIKODE DISTRICT.
RESPONDENTS:

    1    ERAMALA GRAMA PANCHAYAT
         REPRESENTED BY ITS SECRETARY,
         ERAMALA P.O., KOZHIKODE, PIN-673501.

    2    THE ASSISTANT EXECUTIVE ENGINEER
         LSGD SUB DIVISION,
         VATAKARA BLOCK PANCHAYAT,
         CHOMBALA P.O.,
         KOZHIKODE, PIN-673308.

    3    THE ASSISTANT ENGINEER
         LSGD SECTION,
         ERAMALA GRAMA PANCHAYAT,
         ERAMALA P.O.,
         KOZHIKODE, PIN-673501.

    4    STATE OF KERALA
         REPRESENTED BY ITS SECRETARY,
         LOCAL SELF GOVERNMENT INSTITUTIONS,
         GOVERNMENT SECRETARIAT,
         THIRUVANANTHAPURAM,
         PIN-695001.

         R4 - SRI.K.P.HARISH,SENIOR GOVERNMENT PLEADER
     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 01.07.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C.) No. 37208/2015
                                      2




                                  JUDGMENT

This writ petition is filed by the petitioner seeking

the following reliefs:-

"i. Declare that the 1st respondent Panchayat has no authority to do a work violating the approved route prescribed in Ext.P1 by the 2nd and 3rd respondents.

ii. Issue a writ in the nature of Mandamus or any other appropriate, writ, order or direction directing the respondents 1 to 3 to complete the metalling and tarring of Punathilkandi Thaza-Canal road situated in Ward No. 9 of Eramala Grama Panchayat strictly in accordance to Exhibit P1 sanction order and the appending approved sketch."

2. The grievance pointed out by the

petitioner is that the first respondent - Grama

Panchayat started a work for metalling and tarring

of Punthilkandi Thazha - Canal Road as per Ext.P1

approved sanction order and approved route. It is

also stated that the approved route is 89 meters

towards North and 33 meters towards West evident

from Ext.P1 sketch. Petitioner is residing near the W.P.(C.) No. 37208/2015

33 meters stretch towards West mentioned in

Ext.P1 approved sketch. However, when the work

started, some of the members of the then ruling

party of the 1st respondent - Grama Panchayat

objected the work of 33 meters stretch towards the

West saying that the petitioner and three others

residing on the sides of the above road are not

members of the ruling party. Therefore, petitioner

apprehended that the Grama Panchayat was going

to deviate the work from the original sanctioned

route and extending 33 meters towards North

instead of the 33 meters towards West. It is the

prime contention of the petitioner that the decision

to deviate Ext.P1 approved sanction order is due to

a political reason and therefore, vitiated by

malafides. It is thus seeking appropriate reliefs,

this writ petition is filed.

W.P.(C.) No. 37208/2015

3. When the matter came up for admission

before this Court on 09.12.2015, interim order as

prayed for was granted for a period of one month.

Thereafter, it was periodically extended and finally,

it was extended until further orders on 07.07.2016

and the said order is in force even now.

4. Admittedly, consequent to the stay

granted by this Court, I am of the opinion that no

work has taken place in respect of the road in

question or the work can only be presumed to be

completed on the basis of Ext.P1 tender. However,

if the work is still pending, one will have to visualise

that the tender amounts of the year 2015 would not

be sufficient to carry out the work, after a period of

seven years.

5. In that view of the matter, the writ petition

is disposed of leaving open the liberty of the W.P.(C.) No. 37208/2015

Panchayat to pursue the construction of the road

work, in accordance with law, after inviting fresh

tenders. However, I make it clear that if the work is

completed in terms of Ext.P1, the direction given

above would stand vacated.

The writ petition is disposed of as above.

Sd/-

SHAJI P. CHALY JUDGE

DCS/01.07.2022 W.P.(C.) No. 37208/2015

APPENDIX

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE FORM OF TENDER DATED 30/09/2015 AND THE TECHNICAL SANCTION ACCORDED AS PER ORDER NO 153/15-16 ALONG WITH THE SKETCH OF THE WORK DTD 16/9/2015

Exhibit P2 TRUE COPY OF THE AGREEMENT NO AE/LSGD/EP/27/15-16 DTD 20/11/2015

Exhibit P3 TRUE COPY OF THE ROUGH SKETCH SHOWING THE PERSONS RESIDING IN THE 33 METER SKETCH TOWARDS WEST AND THE PERSONS RESIDING IN THE 33 METERS EXTENSION PROPOSED BY THE IST RESPONDENT IN VIOLATION OF EXT P1